More Doubts About Simplifying NSW Common Property

Last week I posted about an initiative of NSW Fair Trading to introduce a Strata Memorandum called  Who is responsible for items in a Strata Scheme that simplifies working out what is (and is not) common property (see A Strata KISS in NSW).


I made the point that working out where lot and common property boundaries are and who is responsible for what has never been a real problem if you applied basic principles of plan reading and legal interpretation and got advice when necessary - so the Memorandum was of little value.  


And, it seems I'm not the only one who thinks that.


Michael Teys of Teys Lawyers blogged recently in a post called Strata Industry Working Group disrespects the legal process about the same thing and said "a strata scheme’s plan together with the strata legislation does this work. Where there is conflict the courts resolve the matter and under our system of justice, these judgments are binding precedents for determining future disputes", "a generic list written by the bureaucracy and supported by a group of surveyors and strata managers disrespects this legal process" and "This initiative, far from resolving strata community conflict will fuel more and a whole new legal debacle is about to unfold."


So, he's not in favour of this attempted simplification.



To make your own decision, why not read the Memorandum for yourself and let me know what you think?


And watch this strata boundary space for future developments.




Francesco ...